Despite the challenges, we were seeing free and democratic Iraq, we were
living the hard laboring moment we believe that every one of us has
duty towards our beloved country. By our hands, work, thoughts, sacrifice
we will build up the new Iraq.

For the animal shall not be measured by man. In a world older and more complex than ours they move finished and complete, gifted with extensions of the senses we have lost or never attained. They are not brethren, they are not underlings; they are other nations, caught with ourselves in the net of life and time, fellow prisoners of the splendour and travail of the earth.

CONSIDER THIS PROPOSAL IN COMPARISON TO THE ENFORCEMENT POSITION IN MY POST BELOW THIS POST.

PROVIDENCE ­ :Sen. Harold Metts, D-Providence, has sponsored expungement bills in the General Assembly. Three weeks after being honored by the attorney general for her efforts to get prostitutes off the streets, the 45-year-old Providence woman came to the State House to tell a Senate committee: “My name is Felicia Delgado and I have a criminal record.” “I was incarcerated for heroin and prostitution years ago.”

Seeking an opportunity to erase the string of criminal convictions she amassed over a dark period in her life, she told the lawmakers: “I have worked tremendously hard to pay back to the community for my actions and my wrong choices, but for me to continually have a criminal record stops me from doing a whole lot more.”

Asked later what finally convinced her to give up her life on the streets, Delgado said: “I stopped when they took away my last child.”

Her case exemplifies the dilemma for the state’s lawmakers as they face the annual push by gun rights advocates, criminal-defense lawyers and the minority community to expand the opportunities for those convicted of crimes in Rhode Island; to expunge their records so they can legally tell a prospective employer or landlord: “I have never been convicted.”

Related link Extra:Crimes that were expunged in 2009 Delgado may be among the first to benefit from a provision in Rhode Island’s new prostitution law that allows the expungement of any number of prostitution convictions, “one year after completion of that person’s sentence.”

But that would still leave other charges, including shoplifting, check fraud and drug possession on a record that Delgado would like to erase. Standing at one extreme in this debate is Sen. Harold Metts, a retired assistant principal at Providence’s Central High School, a deacon at his church and lead sponsor of many of this year’s bills to loosen the rules for expunging a criminal record. A deeply religious black man who has provided spiritual counseling to prisoners at the Adult Correctional Institutions for more than a decade, Metts told his colleagues on the Senate Judiciary Committee during a March 16 hearing on his bills: “When a person has repented, turned their life around and is trying to support a family and get themselves together, I don’t think they should be marked with the scarlet letter for the rest of their life. “It doesn’t do anyone any good because then, if they can’t work, they are going to be forced back into crime,” said Metts, who came to the hearing as many of his colleagues did with anecdotal stories of friends and neighbors, haunted by their pasts.

“Where would we be in this Easter season, those of us of the Christian faith, if it wasn’t for forgiveness and repentance?”

But once again, Attorney General Patrick C. Lynch is leading the opposition to most of the bills that would make it harder for landlords, professional licensing authorities and employers to do background checks. “As you know, the expungement process permanently erases the entire record of individuals who may now apply to work with our most vulnerable citizens ­ children and the elderly,” he wrote the lawmakers. As one of the few states that allow the expungement of a crime by an adult, including extortion, witness intimidation, assault with a dangerous weapon and certain domestic violence offenses, “Rhode Island already has one of the nation’s most liberal expungement statutes,” Lynch argues.

Rhode Island judges now have authority to permanently seal the record of nonviolent crimes by first-offenders 5 years after completion of their sentence for a misdemeanor, 10 years after the completion of a sentence for a felony. While some other states allow the expungement of juvenile crimes, Rhode Island’s expungement law extends to crimes committed at any age, including seemingly violent crimes such as assault with a dangerous weapon that if let stand, would bar someone from purchasing a gun. And it specifically allows people whose records have been expunged to tell prospective employers they have never been convicted of a crime.

In 2009 alone, state court judges expunged the records of 8,755 alleged crimes, including 291 felonies, 2,803 misdemeanors and 150 lesser violations, in which the defendant was found guilty or pleaded no contest. The others never resulted in an indictment or conviction.

Gone from the public record are convictions for such felonies as: breaking and entering, embezzlement, arson with intent to defraud an insurer, sexual assault, felony domestic abuse, assault on a person over age 60, procuring alcohol for a minor and leaving the scene of an accident that resulted in a death, according to a summary provided by the judiciary.

For reasons that remain unexplained, it does not appear that all the state’s judges always waited the requisite 5 and 10 years after completion of a sentence, or limited their actions to first-time offenders. In 2009, for example, an unidentified judge expunged the 2003 conviction of what appears to be a previously convicted sex offender for failing to report his or her change of address, according to the summary provided in response to a Providence Journal request.

The summary also shows the 2009 expungement of dozens of domestic assault cases, including close to 80 involving people who were convicted or pleaded guilty within the previous five years, including two unnamed defendants convicted by a judge in 2008. In some of those cases the charges were “filed” for a year, under a law that says: “If no action is taken on the complaint for a period of one year following the filing, the complaint shall be automatically quashed and destroyed.”

Court spokesman Craig N. Berke had no explanation last week for the apparent early expungement in 2009 of a number of other cases, including a 2008 drunken driving charge to which the driver pleaded no contest, at least three 2008 domestic assault charges, and a pair of 2006 marijuana possession charges. Berke said court staff were “getting [the] cases pulled and then reviewed by the respective courts.” Amid these unanswered questions, lawmakers are again considering bills to cut the waiting periods and give judges discretion to make an opportunity now limited to “first offenders” available to many more convicted criminals.

At a glance: •Providence Senators Metts, Paul Jabour and Juan Pichardo want to cut from 10 years to 5 the time a person has to wait to get a felony conviction expunged under “one or more extraordinary circumstances,” such as staying out of trouble, receiving mental or drug counseling, or convincing a judge that the conviction is causing the person and his family “extraordinary hardship.”

•A second Metts bill would expand judges’ authority to expunge a record of someone convicted of “not more than two misdemeanor offenses.” Senate cosponsors include Jabour, Pichardo, Maryellen Goodwin, D-Providence, and Joshua Miller, D-Cranston. •A third bill would allow the expungement of any number of misdemeanors, and also provide someone convicted of a felony to have the record of a subsequent case erased if it ends in acquittal or dismissal. That opportunity is only available now to people with clean records. The lead sponsor is Sen. Frank Ciccone, D-Providence.

•A fourth Metts bill would remove from public view the record of a “deferred sentence,” in which someone who has pleaded no contest to a crime is spared jail as long as he or she stays out of further trouble for five years.

•And at the request of court administrators, the House and Senate Judiciary chairmen David Caprio and Michael McCaffrey are seeking to seal ­ rather than destroy, as currently required ­ the records of certain domestic violence and underage drinking cases.

Attorney General Lynch has objected strenuously to most of these bills in letters to the lawmakers. In a turnaround this year, he supported the much earlier expungement of the records of people who pleaded no contest, mostly to felonies, in exchange for five-year deferred sentences. As long as they stayed out of trouble, their records would be automatically sealed at the end of that five-year deferral period.

Such had been the case until the Supreme Court in 2007 ruled that the state judges and prosecutors had misinterpreted the law. Since that time, a Lynch spokesman said “defendants have been less willing to enter into deferred sentence agreements with us. This is unfortunate.” But Lynch still opposes cutting in half the waiting period to expunge the record of other felonies, saying that would make it more difficult for police to protect the public against criminals. He said “the integrity of our criminal history records is critical,” especially to employers who “have the right to be aware of the history” of job applicants. Even when someone is found not guilty of a particular charge, he said “underlying criminal investigation may still remain active,” and “the destruction of all records relating to the case would essentially prevent any possibility of a further investigation.”

But spokeswomen for the Urban League and Roger Williams University School of Law urged lawmakers to support the bills. At the Senate Judiciary hearing, Margie Caranci, administrator of Roger Williams’ legal clinic, told the lawmakers: “I know the opponents talk about the fact they don’t want things sealed because an employer has a right to know about a person’s past. But the truth is that it’s never really sealed. It’s always available by petition to the court or to the keeper of records. They can always get those records if they feel that it is appropriate to have them.” In a subsequent exchange of e-mails, she acknowledged she knew of no way for the average employer to access a job applicant’s sealed criminal history, but said she felt that was a good thing. “The problem with an employer seeing a record with more than one or two [convictions] is that most employers make assumptions based on the record without affording the applicant the opportunity to explain his or her circumstances regarding the record. It is a HUGE barrier to employment,” she wrote.

As someone with a stake in the outcome of this debate, Delgado came to the March 16 hearing with a tape recording of the late District Court Judge Richard Gonnella urging her in 2002 to go plead her case to lawmakers. On the recording, Gonnella is heard saying: “I don’t think the legislators hear from people like Miss Delgado who, I think, are representative of a lot of people who should get their records expunged, but we can’t expunge them because the statute says we can’t.” In the years since, she has gone back into the state prison to talk to prisoners about a different way of life. An outreach worker for a neighborhood organization known as Project RENEW, which stands for Revitalizing & Engaging Neighborhoods by Empowering Women, she has been credited for her efforts to steer prostitutes to classes on HIV and sexually transmitted disease prevention, substance abuse treatment, housing, employment and state services. Last July, the Department of Corrections singled her out for praise in a newsletter.

In February, she was credited for her “outstanding work with women prostitutes” in the citation that went along with a Justice Award the attorney general gave Project RENEW. And now it appears hers may be a test case on the reach of the General Assembly’s 2009 effort to let prostitutes cleanse their records.

Prof. Andrew Horvitz, the head of the Roger Williams legal defense clinic, said he believes the new law allows the expungement of any number of convictions for the crime known as loitering for indecent purposes, and after reviewing Delgado’s record, she qualifies. A longtime advocate of more opportunities to expunge records, Horvitz said he is especially adamant about providing those opportunities to former prostitutes, whom he views as victims, not criminals. “The vast majority of the prostitutes that I represented were drug addicted, often mentally ill, often alcoholic, and very much victims. And I often felt and continue to feel that I am not sure what worse you could do to punish a human being than to make that person be a prostitute… so the concept that we are going to take that person and then further punish them … by soiling their criminal histories irrevocably… has never made any sense to me.”

But Lynch does not believe that with nine misdemeanor and two felony convictions on her record, Delgado qualifies to have all her loitering/prostitution charges expunged. “She’s turned her life around. She’s stayed out of trouble for more than 10 years. She’s done responsible and even commendable things,” Healey said.

“But we would not be able to ignore the totality of her record, and it wouldn’t be fair for us to reward her while expecting… responsible behavior from any other citizen of Rhode Island.”

GC NOTES:????WHY NOT??? REWARD RESPONSIBLE BEHAVIOR IS EXACTLY WHAT THEY WOULD BE DOING BY EXPUNGING HER ENTIRE RECORD. AND THAT WOULD BE A GREAT EXAMPLE OF THE REWARDS OF RESPONSIBLE BEHAVIOR. THE WI SUPREME COURT IS CONSIDERING THE EXPUNGEMENT ISSUE AT THIS TIME.SEE, here and here below.Wisconsin Supreme Court weighs plan to make it easier to expunge crimesGil Halsted, Wisconsin Public Radio, Superior TelegramPublished: February 25, 2010 1:49:25 PM CST

Under current state law, judges can expunge records for young offenders who commit low-level crimes. The state bar wants the high court to expand this to any case where charges have been dismissed or a defendant has been acquitted.

Wisconsin Supreme Court Justice Patience Roggensack says the court can't grant that authority unless the current state statute is changed.

A proposal to do just that was granted a hearing Wednesday (2/24). More than 30 people turned out to testify for -- and against -- the plan.

Rep. Marlin Schneider is the strongest legislative advocate for a new rule. But he says passing laws that allow innocent people to protect their privacy is a “tough sell” because lawmakers fear they'll be seen as soft on crime.

Journalists at the hearing spoke out strongly against any plan that denies the public’s right to learn what happened in a court room whether or not the verdict was guilty or innocent. There was also emotional testimony from people who have lost their jobs because they were wrongly accused and judges refused to erase their court records.

The justices will rule later this year on whether to adopt the rule or create a study committee to consider other alternatives.

How long are cases kept on WCCA?Case information remains accessible on WCCA for the minimum retention period for the case type as set by Supreme Court Rule - Chapter 72. However, cases with active warrants, active appeals or money still owed remain available on WCCA. Contact the Clerk of Circuit Court office in the county where the case was filed for complete case information for those cases that no longer display on WCCA.

My case was dismissed. Why is it still showing up on WCCA?WCCA is a mirror of the historical record in the Clerk of Court's office. As a historical record, it shows what has happened in every case filed. If a case is dismissed, or a person is found "not guilty" in a criminal case, that is part of the historical record and is disclosed in the records. See Question #1 for case retention information.

Why are some cases not available on WCCA?

There are several reasons why a case may not be available on WCCA:Some older cases were not included when the circuit court in a county automated its records. How far back WCCA records go differs by county. See When counties began using CCAP.Case types such as adoptions, mental commitments, and juvenile cases are confidential by law and so are not shown on WCCA.A judge may order certain criminal cases to be expunged if the convicted offender is under 25. This order will delete all court records of the case included on WCCA. See FAQ #12.Top--------------------------------------------------------------------------------

Is it necessary to put all non-criminal/OWI cases and ordinance violation information on WCCA?

By law and tradition, Wisconsin favors openness in government. Determinations about which cases appear on WCCA were finalized in March of 2002. The information that appears on WCCA represents an effort to balance these competing interests.

A case appears on WCCA with my name and date of birth, but it isn't me. How can I have that case removed from WCCA?

When a person believes a criminal complaint, traffic citation or ordinance violation was issued in error due to mistaken identity or identity theft, they can petition the court to remove their name from the online record of that action.

If you would like to remove a case that was filed due to mistaken identity or identity theft, complete a Petition, Affidavit and Order Concerning Removal of Case Record from Online Records Because of Identity Theft or Mistaken Identity (GF-182). This form can be found in the forms section of the Wisconsin Court System website at www.wicourts.gov or by clicking on the link at the bottom of this page. This form has instructions printed on it that will assist you in completing the form.

If you wish to file this petition, you should also consider filing a Certification by Prosecuting Agency Verifying Identity Theft or Mistaken Identity (GF-185). This form can be found in the forms section of the Wisconsin Court System website at www.wicourts.gov or by clicking on the link at the bottom of this page. This form has instructions printed on it that will assist you in completing the form. The Certification by Prosecuting Agency is a statement from the prosecuting agency agreeing that you were not the person who committed the offense. You are not required to submit the Certification, but it strongly recommended that you ask the prosecuting agency to complete a Certification before filing your Petition with the court. If the prosecuting agency does not agree with you that you were not the person who committed the offense, you may have difficulty convincing the court that your Petition should be granted.

Once you have completed the Petition, take it to the clerk of circuit courts office in the county where the case was filed. If the prosecuting agency has completed the Certification, file that with the Petition. The judge will review your Petition.

If your Petition is granted, your name will be concealed on the online (CCAP/WCCA) record of the case, but the case number and case information will still be viewable. No change will be made to the paper case file, which will continue to be kept in the clerk of circuit courts office. If you want information sealed in the paper file, you must make a general motion to the court to seal information in the paper court record.

Click here for the form: Petition, Affidavit and Order Concerning Removal of Case Record from Online Records Because of Identity Theft or Mistaken Identity (GF-182)

A person whose address displays on WCCA in a non-criminal case can petition the court to remove their address information from the online record for safety reasons. In order for the address to be removed, you must show the court that there is a demonstrated potential of physical or bodily harm or a threat of harm to you, a family member or a member of your household at that address.

If you would like to petition the court to remove your address from WCCA, complete a Petition, Affidavit and Order Concerning Removal of Address Information from Online Records (GF-183). This form can be found in the forms section of the Wisconsin Court System website at www.wicourts.gov or by clicking on the link at the bottom of this page. This form has instructions printed on it that will assist you in completing the form. You must submit a separate Petition for each case number in which you wish to have the address removed.

Once you have completed the Petition, take it to the clerk of circuit courts office in the county where the case was filed. A judge will review your Petition. If your Petition is granted, the address information will be removed from the online (CCAP/WCCA) case record. This Petition will not remove the address from the paper file. If you would like your address sealed in the paper file, you must make a general motion to the court to seal your address in the paper court record.

Click here for the form Petition, Affidavit and Order Concerning Removal of Address Information from Online Records (GF-183).

Why isn't there information for Portage County for anything other than Probate?

CCAP is a voluntary program. Counties (or divisions within a county) that elected to use CCAP's Case Managementsystem have data on WCCA. We are unable to include data on WCCA for counties that do not use CCAP's CaseManagement system, as we do not have access to their data in the same fashion as we do for the CCAP counties. There are no plans for Portage at this time.--------------------------------------------------------------------------------

I don't want my private information on WCCA. How can I get it removed?

You probably can't get rid of this information. Wisconsin has a strong open records law [ Wis. Stats. 19.31-19.39 ] that requires most court records to be open. Personal information appearing in court records is protected by statutes only in limited circumstances. According to Wisconsin court cases, even if the information may be harmful to an individual's reputation or privacy, that is not necessarily enough to allow a judge to seal a court record. However, if you feel your safety is at risk, you can petition the court to remove your address from the online record of a non-criminal case. See FAQ #7.

You probably can't. Wisconsin law allows a judge to "expunge" a case in only two situations, both involving youthful offenders:

Certain crimes committed by a person under 25. If the judge ordered expunction upon successful completion of the sentence, the record can be expunged for misdemeanors and certain H & I felonies. See §973.015, Wis. Stats. Adjudication of a juvenile delinquent.

A juvenile who has been adjudged delinquent can, upon reaching age 17, petition the judge for expunction of the juvenile adjudication. See §938.355, Wis. Stats. However, WCCA does not display juvenile adjudications because they are not public records.

An expunged case is sealed by the clerk of court and is available to be viewed only with a court order. If the judge properly orders a case expunged, any reference to it will be removed from WCCA. A judge has no other authority or power to expunge cases, and there are no similar provisions for other types of cases.--------------------------------------------------------------------------------

Does expunction remove my case from everywhere?

No. Even under the limited circumstances described above, a judge can only order expunction of the court's record. The Wisconsin Crime Information Bureau also keeps criminal records. The case may still exist in the records of the District Attorney, other law enforcement records, the Department of Transportation and other places. The judge has no authority to require removal of those records.

See the Wisconsin Criminal Information Bureau for more information.--------------------------------------------------------------------------------

My judgment is satisfied; why is the judgment party status active?

A judgment party's status is always active, unless a creditor has an assigned creditor. If the creditor has an assigned creditor, the assigned creditor is 'active' and the original creditor is inactivated. The active status has nothing to do with the satisfaction of a judgment.--------------------------------------------------------------------------------

What is a converted case?

A converted case is a case that existed in the county's case management system prior to using CCAP's Case Management system. Some cases were converted onto CCAP's Case Management system. Some converted and historical cases do not contain complete information. To view complete information on these cases, visit the Clerk of Court's office in the county where the case took place. Converted and historical cases have the following Court Record events:

This converted data may be incorrect. See file.Converted case opening eventPrior information, see filePrior information, see file CLPrior information, see file - No status changePrior Records are Converted Data--------------------------------------------------------------------------------

Could you describe what the different case types mean?

CF - Felony - a crime punishable by imprisonment in the Wisconsin state prisons and / or a fineCI - Commitment of an Inmate - a case with a petition alleging that a person is a sexually violent personCL - Construction Lien - a claim on property for non-payment of work that improved the propertyCM - Misdemeanor - a crime punishable by a fine and / or confinement in a local jail, but not by imprisonment in the Wisconsin state prisonsCO - Condominium Lien - a claim on a condominium unit for the owner's non-payment of assessments for common expensesCT - Criminal Traffic - a misdemeanor offense involving the operation of a motor vehicleCV - Civil - typically, lawsuits seeking claims in excess of $5000, but also such actions as restraining orders, appeals from municipal court and administrative agency decisions, name changes, etc.CX - Complex Forfeiture - A forfeiture action that requires access to the rules of civil procedure and which is punishable by a forfeiture of money.FA - Family - divorce, legal separation, annulment, custody, child support, maintenance, property division, or the enforcement or modification of an order affecting the familyFJ - Foreign Judgment - a judgment or order of a court from a different state, a federal court outside Wisconsin, a municipal court of another county, or a tribal court; treated as if ordered by a Wisconsin circuit court.FO - Non Traffic Ordinance Violation - a violation, unrelated to the operation of a motor vehicle, punishable by the forfeiture of moneyGF - Group File - a category for maintaining documents that are not specifically case-relatedHL - Hospital Lien - a claim by a hospital for non-payment of services provided to an injured person. The claim is on a judgment, award, settlement, etc. that the injured person may have against the person responsible for the injury.HT - Habitual Traffic - No longer available for use. A petition claiming a person is not the person identified by DOT as a habitual traffic offender is now filed as a CV case.IN - Informal Probate - a typical probate matter in which no issues are contested and a deceased person's estate is administratively handled by the probate registrar instead of by the courtIP - Incarcerated Person - a case with a petition submitted by a prisoner who wants to begin an action without prepaying court costs and feesJD - John Doe - a proceeding under WI Stats. 968.26 to determine whether a crime has been committed. For clerical convenience, this case type also includes the filing of complaints under WI Stats. 968.02(3) and coroners' inquests under WI Stats. 979.04.JJ - Juvenile Judgment - a judgment against a juvenile for unpaid debt, typically restitutionJT - Joint Tenancy - No longer available for use. A statement filed with the Register in Probate that results in the termination of a decedent's interest in joint property is filed as a PR case.ML - Mechanics Lien - No longer available for use. A mechanics lien is not required to be filed with the clerk of circuit court.OL - Other Lien - claims not specifically identified by the other lien case types and include such claims as environmental liens, mining liens, quarry labor liens, etc.PA - Paternity - Post judgment actions in paternity cases, such as support and custody. Pre judgment information concerning the determination of paternity is confidential and is not available to the public.PR - Probate - formal probate (in which issues are contested and a deceased person's estate is supervised by the court) and such other probate-related actions as the summary settlement of small estates, the termination of joint tenancy, etc.SC - Small Claims - lawsuits seeking claims of less than $5000, evictions, and replevin actions (the repossession of property)TC - Tribal Court Order - a judgment, decision, or order of an Indian tribal court in Wisconsin that is treated as if it had been issued by a Wisconsin state courtTJ - Transcript of Judgment - a judgment or order from another Wisconsin circuit court, a Wisconsin appellate court, a federal court in Wisconsin, or a municipal court in that county; treated as if ordered by the circuit court in the county where it's filed.TR - Traffic Forfeiture - a violation, related to the operation of a motor vehicle, punishable by the forfeiture of moneyTW - Tax Warrant - a warrant issued by the Wisconsin Department of Revenue for failure to pay income or franchise tax when due. This warrant has the same effect as a judgment granted by the court.UC - Unemployment Compensation - a warrant issued by the Wisconsin Department of Workforce Development for an employer's failure to pay contributions, interest, or fees. This warrant has the same effect as a judgment granted by a court.WC - Workers Compensation - an award issued by the Wisconsin Department of Workforce Development.This award has the same effect as a judgment granted by a courtWL - Will Filed - a will filed with the court for safekeeping during a person's lifetime

At the Revisor of State Statutes website: http://www.legis.state.wi.us/rsb/index.html

--------------------------------------------------------------------------------Who do I contact if I want clarification about information displayed on WCCA?

Contact the Clerk of Circuit Court office in the county where the case was filed for additional information about any cases, judgments, or calendar activities on WCCA. See Clerk of Circuit Court contact information.

Errors on the Wisconsin Circuit Court Access (WCCA) Internet Site result from an error in the underlying court record in the county responsible for the case. To correct an error or update a record, you must contact the court official in the county responsible for the case, usually the clerk of circuit court or circuit court judge.

If you are a party in the case you may request that the record be corrected. If you are represented by an attorney, your lawyer should request the correction. If you are not a party in the case, you may ask to have the record corrected if you can show that you have a relationship to the case. Make all error correction requests in the county responsible for the case.

The clerk may be able to correct some information, such as:Typographical errors/misspellingsInconsistent informationAction taken, but not shown on the court recordPapers filed, but not recordedErrors or omissions in your personal informationChanging certain information requires formal court action, such as:Sentencing informationCourt activity informationSatisfying judgmentsPLEASE NOTE: Disagreements over the validity of an action or its outcome are not errors and will not result in changes being made.

Requested corrections should be made in writing and copied to the other parties in the case.

Click here for the ERROR CORRECTION REQUEST FORM.

--------------------------------------------------------------------------------Do cases settled out of court display on WCCA?

Once a case is filed with the court, it will display on WCCA, even if the case was settled or dismissed.